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- 1. LEG 100 Week 6 Assignment 1 The Masons’ New Car For more classes visit www.snaptutorial.com Assignment 1: The Masons’ New Car Note: The company mentioned herein is merely a hypothetical organization with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment if those assumptions are consistent with the facts presented. Do not make assumptions which obviate the need to conduct a legal analysis of the issues. Scenario Earlier this year, Paul Mason and his wife Chardonnay Mason went to Rivertown and Gregory Ford, Dodge and Chryslers LLC. to purchase a new car. Last time the Masons bought a car was in 1990 when they bought their current car, a 1991 Plymouth Voyager van. The Mason’s daughter, Rosé recently gave birth to the Masons’ first grandchild and the proud grandparents were excited to be taking a road trip from Macon, Georgia to Freehold, New Jersey, to see the new addition to the Mason family. They knew that the old Plymouth had seen better days and that it might not make the 2,000 plus mile round-trip. The Masons were leaving for New Jersey in the morning, so they needed a new car and fast. When the Masons met with the salesperson at R&G, they explicitly stated that they were on a fixed income and could afford no more than $400 per month in the form of a car note. They were, however, willing to trade in their old van toward the purchase of the new car.
- 2. Hector Dosales, one of R&G’s most aggressive salespersons, convinced the Masons to buy a new Chrysler 200. By the time the Masons were ready to buy, it was after 9:00 p.m. and the dealership was soon closing. To speed things along, Hector had the Masons sign blank form contracts that he would fill out the next day. Among the blank contracts that the Mason’s signed were a “Retail Installment Sales Contract”, a “Retail Buyer's Order”, and an “Odometer Disclosure Form”. When Paul Mason asked about the terms of the deal, Hector said not to worry about it. He would structure things so that the payments would be under their $400 limit. When Paul asked how much he was getting for his trade-in, Hector said, “Don’t worry about it. I’ll make sure you get a fair price.” While the various forms were being signed, Chardonnay, who has a weak bladder, excused herself and in the confusion neglected to sign the Retail Buyer’s Order. The next day when Hector was filling out the sales documents, he was having difficulty getting the car payments under the $400 per month limit he had promised. While reviewing the forms, he noticed that the Odometer Disclosure Form indicated that the Masons’ van had only 58,528 miles on it. Due to the exceptionally low mileage on the vehicle, Hector was able to substantially raise the trade-in value, thereby reducing the car payments to just under $400 per month. The Odometer Disclosure Form had, in fact, been completed by Mary Jane, one of the clerks working at the dealership. After Hector had completed the sales documents and while the Masons were on their road trip, Hector attempted to place the sales documents with a third-party finance company. Because of the Masons’ low monthly income and poor credit history, no one was willing to purchase the contract. In the meantime, the Masons’ van was sent to auction. A Carfax report quickly indicated that the correct mileage on the vehicle was 154,000 miles not 54,528 miles. In fact, service records from R&G’s service department, where the Masons regularly brought the car for maintenance, clearly indicated that the car had over 100,000 miles on it. Because of the high mileage, the Van sold for $800 at auction, despite the $2,800 Hector had indicated as a trade value.
- 3. When the Masons returned home, they were contacted by the service department of R&G and asked to bring in their new car for a complimentary service and detailing. When the Masons arrived, they surrendered the keys to the new Chrysler and were subsequently asked into a meeting with Hector and Felicia Fees, head of the finance department at R&G. Felicia informed the Masons that they did not qualify for financing the new car and that unless they had the cash to buy it, they would have to return the car. Of course, the Masons did not have the money to buy the car and told Felicia that they could just keep the car and they would take their old car back. Felicia informed the Mason’s that their van had already been sold at auction. Moreover, the Masons would be responsible for the usage of the new car at the standard lease mileage rates of .45c per mile. Since they drove the car 2,500 miles, they owed the dealership $1,125. Subtracting the $800 R&G received for the Masons’ van at auction, Felicia demanded payment from the Masons of $325. Needless to say, the Masons refused. The Masons have filed suit against R&G in Magistrate Court in Macon, Georgia, to recover the value of their van which they claimed to be the $2,800 Hector listed in the sales documents. (Magistrate Courts are low level courts that handle, among other things, small claims matters.) R&G has moved to dismiss the case and compel the Masons to arbitrate any claims they might have in accordance with the Arbitration clause contained in the Retail Buyer’s Order, which reads as follows: “Buyer and Dealer agree that all claims, demands, disputes and controversies of every kind or nature that may arise between them concerning any of the negotiations leading to the sale of the vehicle, the terms and provisions of the sale, the performance or condition of the vehicle, or any other aspects of the vehicle and its sale shall be settled by binding arbitration. ... Without limiting the generality of the foregoing, it is the intention of the Buyer and the Dealer to resolve by binding arbitration all disputes between them concerning the vehicle, its sale and its condition, including disputes concerning the terms and conditions of the sale, the condition of the vehicle, any damage to the vehicle, the terms and meaning of any of the documents signed or given in connection with the sale, any representations, promises or omissions
- 4. made in connection with negotiations for or sale of the vehicle, or any terms, conditions or representations made in connection with the financing, credit life insurance, disability insurance, and vehicle service contract purchased or obtained in connection with the vehicle.” The Retail Buyer's Order also contained the following provisions: “If the purchase of the vehicle is being financed, Buyer understands that the sale is contingent upon obtaining approval of the financing by the financing agency. In the event that the vehicle has been delivered to Buyer but financing approval is not obtained, Buyer agrees to immediately return the vehicle to the Dealer.” Claims You are the Magistrate Judge in Macon County Georgia and have to decide this case. The Masons make the following claims in the complaint: 1. There never was a contract in this case since the contract documents were not completed at the time they were signed. Since they did not contain the essential elements of a contract, no contract was formed. 2. Since there was no contract, sale of the van was the tort of conversion and they are entitled to the value of the van which the defendant’s own statements value at $2,800. The defendant answered the complaint and moved to dismiss and to compel arbitration. The answer made the following statements: 1. There was a contract because the actions of the parties indicated intent to make a contract. 2. The Masons signed an arbitration agreement, and under the law are required to bring their claims before an arbitrator and not the courts. 3. The Masons have been unjustly enriched by the use of the new Chrysler and must pay the reasonable value of that use. 4. The Masons committed fraud by signing a false Odometer Disclosure Form. Because of their fraud, the Masons are estopped from recovering anything on the value of the van. Assignment Requirements Write a three to four (3-4) page court opinion in which you rule on this case. In preparing this opinion, you must:
- 5. 1. Decide whether this court should hear this case or dismiss the case and direct the parties to binding arbitration in accordance with the Retail Buyer’s Order. Support your response. Note: Please read the facts of the case very carefully as you attempt to resolve this issue. 2. Decide whether or not a contract exists between the Masons and R&G. Support your response. Note: Be sure that you analyze the facts to reach your conclusion. Merely stating your conclusion without a supporting legal analysis is not sufficient. 3. Decide one (1) of the other remaining issues presented above. That is, decide whether R&G committed the tort of conversion with the 1990 van, or whether the Masons were unjustly enriched by the use of the new car, or whether the Masons committed fraud and should be estopped from recovering the value of the van. 4. Use at least two (2) quality academic or legal resources in this assignment, such as a government Website, Law school Websites, Restatements of laws, and other treatises of Law. Your paper must include internal citations indicating the sources of your legal statements. Note: Wikipedia and other Websites do not qualify as academic or legal resources. 5. Format your assignment according to the following formatting requirements: 1. Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides. 2. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page is not included in the required page length. 3. Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length. The specific course learning outcomes associated with this assignment are: · Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business. · Explain basic court procedures, types of courts, and alternative dispute resolution methods.
- 6. · Explain the basis of tort law and describe the classification of torts. · Use technology and information resources to research issues in business law. · Write clearly and concisely about business law using proper writing mechanics. ========================================================== LEG 100 Week 10 Assignment 2 Resolving Intellectual Property Rights For more classes visit www.snaptutorial.com Assignment 2: Resolving Intellectual Property Rights Due Week 10 and worth 220 points Note: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment if those assumptions are consistent with the facts presented. Do not make assumptions which obviate the need to conduct a legal analysis of the issues. In this assignment, you will act as the fictional character of Betty Fuller, Head of Marketing at Simply Green Products, while you draft a memorandum to the company President. In this memorandum, you must explain how you would resolve the legal issues discussed in the scenario. Scenario Simply Green Products (SGP) is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah
- 7. Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePac,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePac” imprinted on all of their packing material since 2008. Although SGP never filed for either state or federal trademark protection, following the advice of one of their summer interns, they did register the domain name “SafePac.com.” With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors. Despite the fact that SGP is highly eco-friendly, it is not particularly technologically advanced. SGP mostly advertises in trade journals and magazines, with most orders coming via the mail or phone orders. Shep Howard, President of SGP realizes his company needs to increase its marketing presence and recently hired Betty Fuller, a recent Strayer graduate with an MBA, to be the new Director of Marketing for the company. Ms. Fuller has been charged with bringing SGP’s marketing plan into the 21st century. In preparing the new Marketing plan, Ms. Fuller, quickly noticed that although SGP owned Safepac.com, the name SafePac, itself had never been registered with the Trademark and Patent Office. Accordingly, one of the first things Ms. Fuller did was start the registration process. When searching the USPTO office database to see if a mark has already been filed she found the following entries shown below: She immediately realized SGP had a problem. Ms. Fuller did some additional research and found that a company called Safe Choices, Inc. uses the SafePack name to market an emergency weather kit in the form of a backpack; and had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at SafePack.com and in sporting goods stores nationwide. Note: “A complete search is one that will uncover all similar marks, not just those that are identical. In this regard, searching for trademark availability is not the same as searching to register a domain name. A
- 8. domain name search may focus on exact or “dead on” hits, with no consideration given to similar names or use with related products and services. Basically, a domain address is either available or it is not. The trademark process, on the other hand, is more complex. As part of the overall examination process, the USPTO will search its database to determine whether registration must be refused because a similar mark is already registered for related products or services (i.e., even identical marks may co-exist if used on goods or services not considered to be related in any way). Please note that the USPTO does not offer advisory opinions on the availability of a mark prior to filing of an actual application.” http://www.uspto.gov/trademarks-application-process/search-trademark- database Legal Issues Ms. Fuller contacted Shep Howard to discuss SGP intellectual property problems and to devise a plan on how to proceed. In her meeting with Howard Ms. Fuller explained the legal issues to Howard as follows: 1. SGP has been using the product name SafePac since 2008 but never trademarked or otherwise registered that named. A company called Safe Choice had registered the names SafePack and SafePacs back in 2002 and those names were listed live marks by the USPTO. Arguably, SafePac may be confusingly similar to Safe Choices marks to preclude registration of the marks. Moreover, use of the name may “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. However, safe Choice and SGP are in different product lines and, therefore, arguably are not competitors, a requirement for infringement. The intellectual property issue at hand involves the Lanham Act. 2. Even if the USPTO finds that SGP’s proposed mark and Safe Choices marks are not similar or that SGP and Safe Choice are not competitors, registrations may nonetheless be denied under the provisions of the Trademark Dilution Revision Act of 2006, 15 U.S.C. § 1125(c). For additional information, see Duvall, S.A. (2007). The Trademark Dilution Revision Act of 2006: balanced protection for famous brands. The Trademark Reporter, 97(6), 1252-1285.
- 9. 3. Since we purchased the domain name SafePac.com, Safe Choice may attempt to accuse SGP of cybersquatting and try to have that domain name transferred to their control. Any such action would proceed under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d). Finally, she outlined her plan on how to proceed with the marketing plan based on how she though the legal issues would be resolved. Mr. Howard then asked Ms. Fuller to put the information she had just given him in memo form. Assignment Requirements In the role of Betty Fuller, prepare the memorandum requested by Shep Howard. The memo should be three to four (3-4) pages in which you: 1. Decide whether or not SGP can register SafePac as a trademark given the issues discussed in “legal issue: a”. 2. Decide whether or not the Trademark Dilution Revision Act of 2006 would be violated if the USTPO granted SGP a trademark on SafePac. 3. Decide whether or not the Anticybersquatting Consumer Protection Act would be violated by SGP’s use of safepac.com. 4. Describe how your resolution would affect the marketing options available to the company. 5. Use at least three (3) quality academic or legal resources in this assignment, such as a government Website, Law school Websites, Restatements of laws, and other treatises of Law. Your paper must include internal citations indicating the sources of your legal statements. Note: Wikipedia and other Websites do not qualify as academic or legal resources. 6. Format your assignment according to the following formatting requirements: 1. Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides. 2. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page is not included in the required page length. 3. Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length.
- 10. The specific course learning outcomes associated with this assignment are: · Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business. · Use technology and information resources to research issues in business law. Write clearly and concisely about business law using proper writing mechanics. ========================================================== LEG 100 Week 10 Assignment 2 Using Your Manager Skills For more classes visit www.snaptutorial.com Assignment 2: Using Your Manager Skills Note: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment. In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss. Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah
- 11. Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco- friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non- biodegradable competitors. The company president, Shep Howard, has recently become aware of several issues that may require referral to the company’s outside counsel. Because you serve as the company’s risk manager, Howard has asked you to leverage your legal and managerial skills to draft a memorandum that addresses one (1) of the two (2) situations described below: •An environmental group is asserting that SafePack materials are not biodegradable. In fact, the group claims that these materials are causing an environmental hazard that is seeping from a local landfill into a nearby stream. An environmental group, SafePack Materials Pollute, has sprung up and launched an Internet campaign geared toward compelling fruit producers to stop purchasing your packing materials. The situation at hand raises environmental issues that relate to the Clean Water Act and the Solid Waste Disposal Act. •A company called Safe Choices, Inc. has accused Simply Green Products of trademark infringement, and has sent a cease and desist letter to President Howard, demanding that Simply Green Products stop using the name “SafePack”. The letter asserts that a) Safe Choices uses the SafePack name to market an emergency weather kit in the form of a backpack; and that b) Safe Choices had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at safepack.com and in sporting goods stores nationwide. The letter goes on to suggest that Simply Green
- 12. Product's use of this name “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. The intellectual property issue at hand involves the Lanham Act. For one (1) of the two (2) situations set out above, write a three to four (3-4) page memorandum to President Howard. Ensure that you address each of the questions below within your memo so that President Howard may assess whether or not Simply Green Products needs to hire outside counsel to address the matter at hand. 1.Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act). 2.Determine whether or not the activity of Simply Green Products amounts to a violation of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act). If you chose the environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your rationale. If you chose the intellectual property matter, determine whether or not continued use of the SafePack name by your company would violate the Lanham Act. Explain your rationale. 3.Decide whether or not President Howard should refer this chosen matter to the company's outside counsel. Provide a rationale for your decision. 4.Use at least three (3) high-quality academic references. As the cases discussed within the assignment are hypothetical, you will not find any solutions to them on the Internet. Further, note that Wikipedia, blogs, and such Websites as Free Dictionary do not qualify as academic resources, whereas your textbook does. Use the Strayer Learning Resource Center (LRC) to locate high-quality academic references. Your assignment must follow these formatting requirements: •Include a cover page containing the title of the assignment, your name, the professor’s name, the course title, and the date.
- 13. •Draft this in the form of a letter that is typed, double-spaced, and uses Times New Roman font (size 12) with one-inch margins on all sides. •Include your citations in the body of your letter and include your list of references at the end. All citations must follow the APA. •Be sure to follow all additional instructions provided by your professor. The specific course learning outcomes associated with this assignment are: •Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business. •Use technology and information resources to research issues in business law. •Write clearly and concisely about business law using proper writing mechanics. Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric found here.